Rhode Island Statewide Rule
Rhode Island Family Child Care Home Licensing And Zoning Protection
Key Facts
- Licensing
- RIGL 42-12.5
- Zoning protection
- RIGL 45-24-37
- Authority
- DHS statewide
- Use status
- Residential by right
Summary
Rhode Island licenses family child care homes through the Department of Human Services under RIGL Chapter 42-12.5, and RIGL 45-24-37 protects licensed family daycare from exclusionary zoning across all municipalities.
(b) Notwithstanding any other provision of this chapter, the following uses are permitted uses within all residential zoning use districts of a municipality and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons: (1) Households; (2) Community residences; and (3) Family daycare homes.
Full Breakdown
Under RIGL Chapter 42-12.5 (Licensing and Monitoring of Child Daycare Providers), the Department of Human Services licenses family child care homes statewide, applying uniform background-check, training, health, and safety standards. RIGL 45-24-37(b)(3) makes licensed family day care homes a permitted use in all residential zoning districts, so they cannot be prohibited by local zoning, though municipalities may apply reasonable dimensional, parking, and signage standards. Capacity limits and staff ratios are set by state regulation and cannot be reduced locally.
Violations & Penalties
Operating a family child care home without a state license is unlawful; violations carry administrative fines and license revocation under Rhode Island's child care licensing statutes.
Frequently Asked Questions
Can my Rhode Island town ban a licensed family daycare from my home?
How many children can I care for under a family daycare license?
Sources
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